[Assam] AFSPA

[Chan Mahanta]

Ram:

>If that is what the law is it does certainly sounds very 
>undemocratic. Why did they enact this kind of law >in the first 
>place? What were the oposition doing? And more importantly, how much 
>opposition(or >support) did the MPs from Assam offer?


*** THAT my friend is desi-demokrasy for you. Its lawmakers' 
understanding of democratic values and their commitments to upholding 
them, its opposition's concerns, its constitution and its sanctity 
and the judiciary which ought to have thrown it right out after 
enactment on account of violation of constitutional safeguards --- 
have been absent.

It is quite immaterial WHY it was enacted.

There are many kinds of dangers to society that laws are made, to 
safeguard it. No matter how critical those concerns might be, when a 
govt. can  let its army run rough-shod over its own citizenry and 
disregard the rule of law entirely, then something is terribly wrong 
with that society and its declarations of fealty to democratic 
values. When such laws are made, knowing full well that they would 
blatantly deprive uninvolved or innocent citizens, not merely of 
their liberties, but LIVES, no society  with a defendable 
constitution and DEMOCRATIC govt. could accept such laws. And with an 
intelligentsia which is involved and care about such things as 
liberties and the rule of law would never let it stand for long, even 
if enacted by a railroading majority and witnessed by an 
asleep-at-the-wheel opposition.


It speaks volumes of  the quality of desi-demokrasy, and its intelligentsia.

Not that it is hard to notice. One only needs to speak to some Indian 
for a few minutes, even those highly trained ones living in developed 
democracies for decades, enjoying its protections and freedoms, to 
realize that they care little about OTHERS" freedoms and less about 
the rule of law, unless and until they themselves are affected. It is 
something convenient to wave at others, that's all.



c-da













At 3:25 PM -0600 6/25/07, Ram Sarangapani wrote:
>C'da
>
>  >It is the Armed Forces Special Powers Act that allows even an 
>enlisted >man to shoot anyone in Assam without ever having to  prove 
>guilt or >innocence of the victim, and with complete immunity from 
>prosecution
>
>If that is what the law is it does certainly sounds very 
>undemocratic. Why did they enact this kind of law in the first 
>place? What were the oposition doing? And more importantly, how much 
>opposition(or support) did the MPs from Assam offer?
>
>In any case, bad laws are bad laws - they ought to go.
>
>--Ram
>
>On 6/25/07, Chan Mahanta 
><<mailto:cmahanta at charter.net>cmahanta at charter.net> wrote:
>
>Ram:
>
>
>It is the Armed Forces Special Powers Act that allows even an 
>enlisted man to shoot anyone in Assam without ever having to  prove 
>guilt or innocence of the victim, and with complete immunity from 
>prosecution . The  OPEN SEASON for Assamese hunting as I call it.
>
>
>But the PM , who promised a review and had the recommendations at 
>least a couple of years or more, had it sealed and was never made it 
>public. MInd you now, it is the same PM, whose daughter is a 
>fearless fighter for human rights with the ACLU here in the USA and 
>has taken the Bush Admin. on, successfully, on behalf of  Guantanamo 
>and Afghan detainees .
>
>
>Long ago I  lost ALL trust on Indian promises on these matters.
>
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>c-da
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>At 10:16 AM -0600 6/25/07, Ram Sarangapani wrote:
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>>C'da,
>>
>
>
>I don't know much about  AFSPA, but sounds evil. Is it like POTA or something?
>
>But hopefully, as the montri is suggesting, the AFSPA is on the way out.
>
>
>
>--Ram
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>On 6/25/07, Chan Mahanta 
><<mailto:cmahanta at charter.net>cmahanta at charter.net> wrote:
>
>Good to hear from you Utpal.
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>We have heard of these RECOMMENDATIONS, time and again.
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>But what translates into action or what OTHER Avatar it might 
>re-appear as, are the big questions?
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>cm
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>At 3:48 PM +0100 6/25/07, utpal borpujari wrote:
>
>>Some good news for NE. The Administrative Reforms Commission, 
>>headed by Veerappa Moily, has recommended that the dreaded Armed 
>>Forces (Special Powers) Act, 1958 should be repealed. The gist of 
>>its recommendations made public a few hours ago, goes like this :
>>
>
>
>"AFSPA, 1958 should be repealed. To provide for an enabling 
>legislation for deployment of Armed Forces of the Union in the NE 
>States of the country, the Unlawful Activities (Prevention) Act, 
>1967 should be amended by inserting a new chapter VI A as 
>recommended by the Committee fo Review the AFSPA, 1958. The new 
>chapter VI A would apply only to the NE States."
>
>
>
>I think Sanjoy-da (Hazarika) would be able to tell us more about the 
>Chapter VI A. As we all know, he was a member of the Justice Jeevan 
>Reddy Committee (The review committee), which also is understood to 
>have recommended its repeal. That report is not yet public, though.
>
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>Utpal Borpujari
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>Yahoo! Answers - Get better answers from someone who knows. 
><http://uk.answers.yahoo.com/;_ylc=X3oDMTEydmViNG02BF9TAzIxMTQ3MTcxOTAEc2VjA21haWwEc2xrA3RhZ2xpbmU>Try 
>it now.
>
>
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